Example notice of intention to enter into a long-term agreement

To all leaseholders of (insert name of the premises) and the (insert name of recognised tenants’ association*).

*Delete if not applicable

1. It is the intention of (insert name of landlord or manager) to enter into a long-term agreement in respect of which we are required to consult leaseholders (see Note 1 below).
2. The (goods) (services) (works) to be provided under the agreement are as follows: (insert a general description of the subject-matter of the agreement);
   or
3. A description of the (goods) (services) (works) to be provided under the agreement may be inspected at (insert place and hours for inspection) (see Note 2 below).
4. We consider it necessary to enter into the agreement because (insert statement of reasons; where the matters to be provided consist of or include qualifying works, state the reasons why you consider the works necessary).
5. We invite you to make written observations in relation to the proposed agreement by sending them to (address of landlord or manager). Observations must be made within the consultation period of 30 days from the date of receipt of this notice, and the consultation period will end on (insert date of not less than 30 days from the date that the notice is given to the recipient) (see Note 3 below).
6. We also invite you to propose, within 30 days from the date of receipt of this notice, the name of a person from whom we should try to obtain an estimate in respect of the matters described in paragraph 2 above (see Note 4 below).

Signed:

(Signature of person giving the notice. Where an agent signs, insert also ‘duly authorised agent of (name of landlord or manager)’.)

Address: (Give the address to which future communications relating to the subject matter of the notice should be sent.)

Date:

1. Section 20 of the Landlord and Tenant Act 1985 (as amended) (‘the 1985 Act’) provides that a landlord (as defined by Section 30 of the 1985 Act) must consult leaseholders who are required under the terms of their leases to contribute (by payment of service charges) to costs incurred under a qualifying long-term agreement, where the contribution of any one leaseholder exceeds £100 in any accounting period. ‘Qualifying long-term agreement’ is defined by Section 20ZA of the 1985 Act.
2. Where a notice specifies a place and hours for inspection:
   1. the place and hours so specified must be reasonable; and
   2. a description of the relevant matters must be available for inspection, free of charge, at that place and during those hours.
      If facilities to enable copies to be taken are not made available at the times at which the description may be inspected, the landlord shall provide to any leaseholder, on request and free of charge, a copy of the description.
3. The landlord has a duty to have regard to written observations made within the consultation period by any leaseholder or recognised tenants’ association. ‘Recognised tenants’ association’ is defined by Section 29 of the 1985 Act.
   1. Where a single nomination is made by a recognised tenants’ association (whether or not a nomination is made by any leaseholder), the landlord shall try to obtain an estimate from the nominated person.
   2. Where a single nomination is made by only one leaseholder (whether or not a nomination is made by a recognised tenants’ association), the landlord shall try to obtain an estimate from the nominated person.
   3. Where a single nomination is made by more than one leaseholder (whether or not a nomination is made by a recognised tenants’ association), the landlord shall try to obtain an estimate:
      1. from the person who received the most nominations; or
      2. if there is no such person, but two (or more) persons received the same number of nominations, being a number in excess of the nominations received by any other person, from one of those two (or more) persons; or
      3. in any other case, from any nominated person.
4. Where more than one nomination is made by any leaseholder and more than one nomination is made by a recognised tenants’ association, the landlord shall try to obtain an estimate:
   1. from at least one person nominated by a leaseholder; and
   2. from at least one person nominated by the association, other than a person from whom an estimate is sought as mentioned in paragraph (a).